KULDEEP MATHUR
Bhagwati Lal S/o Amba Lal Kumawat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1 The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 1.5.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh in Cr. Case No.80/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.197/2023 registered at Police Station Kotwali Nimbahera, District Chittorgarh, for offences under Sections 376, 376(2)(N), 506 of IPC and Section 3(1)(w)(i)(ii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
2 Learned counsel submitted that the appellant has been falsely implicated in the present case. The allegation against the appellant is that by snapping obscene photographs and recording obscene videos of the complainant, the appellant blackmailed her and committed sexual assault upon her. Learned counsel submitted that as per the FIR, the complainant was subjected to sexual assault about one year prior to the date of lodging of the FIR but no satisfactory explanation for delay has been furni
The court granted bail based on the absence of visible injuries on the prosecutrix and the completion of witness statements, reducing the risk of influence.
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
The court established that the lack of corroborative evidence and inconsistencies in testimony are critical factors in determining bail under the SC/ST Act.
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